Bolt ordered to pay driver Sh1m for breach of regulations

Bolt was directed to pay Kennedy Wainaina Mbugua for the days he was out of work.

In Summary
  • In the case that Bolt fails to comply with the orders, its license will stand suspect with effect from November 3.
  • "...and the firm shall forthwith cease transport network operations, " the ruling added.
Bolt branded vehicle
Image: COURTESY

Bolt has been ordered to pay a driver more than Sh1 million over the breach of Transportation Network Companies (TNC), Owners, Drivers and Passengers Regulations of 2022.

In a ruling issued on Tuesday, by the Transport Licensing Appeals Tribunal Board chaired by Adrian Kamotho, Bolt was directed to pay Kennedy Wainaina Mbugua for the days he was out of work following the firm's failure to comply with the regulations.

"The 2nd Respondent (Bolt Operations OU), shall immediately compensate the Applicant (Kennedy Wainaina) Sh1, 008,000, for the 168 days he has been out of work to wit: from May 15, 2023, to October 31, 2023, at a rate of Sh6,000 per day," the ruling reads.

The tribunal further ordered Bolt to, within 48 hours, file a compliance matrix in terms of regulation 7 of the TNC Regulations, which are to be verified by the NTSA.

In the case that Bolt fails to comply with the orders, its license will stand suspect with effect from November 3.

"...and the firm shall forthwith cease transport network operations, " the ruling added.

In a Memorandum of Appeal dated May 18, Mbugua claimed that Bolt had not met and or had breached the requirements for licensing a transport network company since it had no physical office.

He said the firm had no local contacts for complaints and as of May 2023 it only had a London telephone number on its platform.

Mbugua further claimed that Bolt did not comply with the applicable transport network regulations.

On its part, Bolt argued that the complaints did not comprise the decisions of NTSA and that the Board did not possess original jurisdiction to hear and determine the matter.

The Tribunal however found that Bolt's objections were unmerited, overruling the same.

It found that Mbugua had adequately discharged his burden to the requisite legal threshold.

"It is our considered view that Bolt Operations has failed to comply and or prove compliance with the law including various requirements of the National Transport and Safety Authority (Transport Network Companies, Owners, Drivers and Passengers) Regulations, 2022," it ruled.

The Tribunal could not however ascertain if Bolt indeed had a physical office in Kenya or if it had complied with the requirements questioned by Mbugua.

The TNC Regulations prevent online taxi service providers from charging their drivers more than 18 per cent commission.

They also bar taxi-hailing apps from charging booking fees as additional charges on drivers beyond the commissions.

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